Does [Cooper] have pending criminal charges at this time? It necessarily follows that the accused has the burden of producing evidence warranting both of such findings and that the discharge of that burden is one of the conditions precedent to his being entitled to having his claim of self-defense submitted to the jury. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. In Johnson v. State, [Ms. 1041313, Oct. 6, 2006] --- So.3d ---- (Ala.2006), the Alabama Supreme Court reversed the judgment of this Court, holding that there was a fundamental difference between prior convictions offered to impeach the defendant's credibility and prior convictions and prior bad-act evidence offered as substantive evidence of the current crime for which the defendant was on trial, or evidence of permissible factors such as the defendant's motive, state of mind, and intent.5 In Snyder v. State, 893 So.2d 482 (Ala.2001), and Ex parte Minor, 780 So.2d 796 (Ala.2000), two cases that formed the basis of this Court's opinion in Johnson, and in large part the crux of Spencer's appellate argument, the evidence in question was evidence of prior convictions offered to impeach the defendant's credibility. We have also reviewed the propriety of the sentence of death as required by 13A-5-53(a), Ala.Code 1975. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991), aff'd, 603 So.2d 412 (Ala.1992). As this Court indicated in Odoms v. State, 359 So.2d 1162 (Ala.Crim.App.1978), a person was authorized under common law to kill an officer in resisting an unlawful arrest only where necessary to save his own life or to save himself from serious bodily harm, provided that the necessity was real or apparent. Williams testified that she then saw an officer come in with his gun out and she heard a third gunshot. While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. He testified that Officer Chisolm made threatening statements to him that put him in fear for his life and made him believe the police would be back and that he would be a dead man by [Officer Chisolm]. (R. Copyright 2023, Thomson Reuters. 698 So.2d at 205. Dumas stated that Nate, Nook, Blue, three females, and he spent the night in the apartment on the night before the shootings, and that he slept on the sofa. They're not a map to follow, but simply a description of what people commonly feel. The trial court cited several reasons for overriding the jury's recommendation. THE COURT: Well, let me ask you a question. According to Williams, Spencer had a big gun that he had been carrying that day and the gun was near him while he slept. Clearly these instructions, tracking the language of 13A-3-27(a)(1) and 13A-3-28, Ala.Code 1975, were accurate reflections of the law. See, e.g., Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder for the killing of two or more persons pursuant to one course of conduct or a series of acts); Woods v. State, 13 So.3d 1 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder in the shooting deaths of four Birmingham police officers); McNabb v. State, 887 So.2d 929 (Ala.Crim.App.2001), aff'd 887 So.2d 998 (Ala.2004) (death penalty imposed upon conviction of capital murder for the killing of a Montgomery police officer). No. The trial court also placed great weight on the aggravating circumstance contained in 13A-5-49(7), Ala.Code 1975, that the capital offense was committed to disrupt or hinder the lawful exercise of a government function. Thus, [u]nder 13A-1-9(b), Ala.Code 1975, a trial judge is not required to instruct on a lesser-included offense unless there is a rational basis for a verdict convicting the defendant of the included offense. Harris, 2 So.3d at 912, quoting Pilley, 930 So.2d at 563. To plant Memorial Trees in memory of Perry Calvin Spencer, please click here to visit our Sympathy Store . Although the trial court is not required to specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating, Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), in order for this Court to conduct its review of the death sentence, the trial court must specifically identify in its sentencing order those nonstatutory mitigating circumstances that it did find to exist.. That being said, we would expect if this man showed up to testify to some very important facts to this case, specifically as to why Carlos Owen and Harley Chisolm were going to the apartments on the numerous times on the date of the shootings. SPENCER, Warren Reginald "Reg" - Passed peacefully on Wednesday October 14, 2020 at the age of 80 years. Jerry was born on March 12, 1946 to Gertrude. . Randall Washington testified that he was working on Courtney Spencer's automobile in front of the apartment at the time the officers arrived. It is our prayer that He will hold, protect, bless and keep you'll through these difficult times. denied, 508 U.S. 953, 113 S.Ct. Sgt. 706.) According to Officer Collins, Officer Chisolm came to the back of the apartment and, while he was showing Woods the printout and photograph, told him that the arrest warrant from Fairfield was for assault, at which time Woods again cursed the officers and then turned and ran back inside the apartment. I don't have no warrant. It has been years since I've seen you, but I knew you were always around, and to the family, may God bless you and keep you in your time of need. Peraita v. State, 897 So.2d 1161, 1198 (Ala.Crim.App.2003). A trial judge may properly refuse to charge the jury on self-defense where he determines that the defendant could not set up self-defense under the facts. Consford v. State, 15 Ala.App. The law requires that the circumstances should be such as to create a reasonable belief of impending necessity. Hundreds of officers from Birmingham and other departments descended upon the scene. Anthony Stanley . Mr. Sanders died Tuesday, February 21, 2023 at his residence. The question as to whether or not the circumstances in which the parties were at the time the fatal blow was stricken were such as to impress a reasonable man that the defendant was in imminent danger of losing his life or suffering great bodily harm, and whether or not the defendant entertained such belief were inferential facts to be drawn by the jury. Kennedy v. State, 240 Ala. 89, 91, 196 So. Bennett, still out in the front of the building, said over the police radio: They are coming out the front. Collins wasnt able to go to the front door through the apartment because Woods, Chisholm and Owen were blocking the doorway. In CC-04-4383 the count was seven (7) for life without parole and five (5) for death. 2. It would soon become the deadliest day in the departments history.Collins, then 37 and not yet a sergeant, had worked in the West Precinct for 10 years after leaving the Army, having served stints in Berlin and Operation Desert Storm. Kerry referred to the Amazon rainforest as test of humanity, and said that without its protection it is impossible possible to limit global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit . See also Maples v. State, 758 So.2d 1, 23 (Ala.Crim.App. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. A self-defense instruction should be given when any evidence is given showing the defendant's subjective belief that the use of force was necessary. Perkins, at 1115-16, quoting People v. Lockett, 82 Ill.2d 546, 45 Ill.Dec. Spencer, Bill 81 May 21, 1935 June 17, 2016 William Bill Earl Spencer, of Portland, passed away June 17, 2016. See Rule 17.5, Ala.R.Crim.P., ([a]ny witness who, after being subpoenaed, fails to appear may be attached by order of the court) and 12-21-182(a) (the attendance of such witness may be compelled by attachment). 190 (1892), however unsatisfactory and inconclusive to the judicial mind the evidence of self-defense may appear. 900, 903, 413 N.E.2d 378, 381 (1980).. The trial court further found the existence of two statutory mitigating circumstances: Spencer's age, pursuant to 13A-5-51(7) Ala.Code 1975, which was 24 at the time of the events; and the lack of significant history of prior criminal activity, 13A-5-51(1), Ala.Code 1975. May God continue to lift up your spirits, look to the hills which cometh your health. Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). You can object [defense counsel], but quite frankly-. (Emphasis added.) Ill never forget that, Collins said. The officers, joined by Chisholm, left to double-check that the warrant was valid. May God bless you and your family in this time of sorrow. You have funeral questions, we have answers. The family will receive friends Thursday evening at the funeral home from 6:00 to 8:00pm. I give up. 710.) Eve Kelliher. Richard L. Spencer Sr., 59, of Levittown, PA, died on Saturday, December 15, 2018.Richard was preceded in death by his loving father, Harold Spencer; his younger brother, Tom Spencer; his mother and father-in-law, Joyce and John Smith; and brother-in-law, Paul Brown.He is survived by his wife, Deb Burke; his mother, Lue Eva Spencer; his son, 1719.) Dumas testified that after the officers left he heard Spencer say that if the officers returned he was going to bust em, which he interpreted to mean that Spencer was going to shoot the officers. Over the years I have thought of Kerry and our times together while playing football, and I will always remember his smile and his laugh. In determining whether to charge the jury on self-defense, evidence most favorable to the defendant should be considered and if there is the slightest evidence tending to prove a hostile demonstration which can be reasonably interpreted as placing the accused, at the time of the killing, in apparent imminent danger to life or other grievous bodily harm then the matter of self-defense becomes a question for the jury. Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). According to Spencer, Nate and he ran to the house where Spencer was ultimately arrested and watched television with the homeowner. The trial court had given the jury such an instruction. Sgt. The trial court, on return to second remand, has submitted an amended sentencing order and has again sentenced Spencer to death. Later, with a photo of Woods and a copy of the warrant in hand, they set out to arrest Woods. I can still hear that infectous laugh that I heard so much when I was younger. About Us; Staff; Camps; Scuba. By clicking Accept, you consent to the use of ALL the cookies. At the time of the shootings, 13A-3-23, Ala.Code 1975, provided: (a) A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for the purpose. Funeral arrangement under the care ofHarvey-Engelhardt Funeral & Cremation Services. See also Brownfield v. State, supra (jury conviction of the capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct satisfied the requirement that an aggravating circumstance be found by the jury and the verdict itself rendered the defendant eligible for the death penalty, exposing him to a range of punishment that included the death penalty); and Yeomans v. State, 898 So.2d 878 (Ala.Crim.App.2004) (same). Would you like to offer Kerry Spencer Shoemakers loved ones a condolence message? Thereafter they upped the price from a thousand dollars a week to fifteen hundred dollars a week. He stated that he then heard a radio transmission from Officer Bennett that [t]hey are coming out the front. (R. I called them (the other officers) on the radio but they didnt answer. A native of Union County, SC, he was the son of the late Milton Wallace. (Emphasis added.) However, because Spencer has been sentenced to death, the lack of an objection does not bar appellate review, because this Court must review these proceedings for plain error. Contact us. A celebration of life will be held at the Spencer household on May 15 at 2:00 pm. Spencer further stated that he did not stop shooting until the officers were down. As this Court explained in King v. State, 478 So.2d 318 (Ala.Crim.App.1985): The general rule is that every accused is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility. Chavers v. State, 361 So.2d 1106, 1107 (Ala.1978). Lavender testified that the radio dispatch tape indicated that at 1:24:34 p.m. an unidentified officer at the scene stated, They're going out the front (R. Which cometh your health I can still hear that infectous laugh that I heard much. 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